Writing an Opening Statement

1. Create a Theme. Good opening statements are structured around a theme, like a story with a moral, or a group of connected words. This theme should be repeated throughout the opening statement. Some such themes are: “rage, revenge, and retribution” or “fairness, equity, and justice,” or “family, fame, and fortune.” The stuff values are made of

2. Tell your story; explain your theory of what happened. A good opening statement starts with a story that appeals to the jury’s emotions. They need to be reminded that the case is about real people, [a human drama]. This is the first time you will talk to the jury, so remember that the jury knows nothing about your case, no facts or events, therefore you must set the scene for them with details. Explain where, when, and how the crime/tort happened. Nothing should be assumed to be understood by the jury. You are obligated to tell them everything you need them to know.

3. Establish the labels you will use for the people you represent and the labels for your opponents. Be sure to humanize your people and dehumanize your opponents. E.g. Your People: John said …; Mary is a mother of three …; Bill hoped to save the child but ... The Opponents People: The defendant failed to stop at …; The State of Florida knew …; The corporation cared little about ...

4. Explain what you are going to prove; identify the elements of the case [usually the charges]. The jury needs to know what to look for during the trial. Therefore, you should explain your burden of proof in the opening statement and talk about what you are going to prove.

5. Introduce your evidence and witnesses. Talk about your three witnesses and what you know they will say. Talk about the evidence you will bring forth. Do not try to anticipate what the other side’s witnesses will say, or what evidence they might bring out, because they might not do what you expect, but do admit to any weaknesses in your case [forewarn the jury]. Forewarning the jury about the weaknesses in your case will help establish credibility with the jury.

6. Organization is crucial. Make it easy for the jury to follow you. Your opening can be organized chronologically, by evidence, or by witnesses. E.g. first, “this witness will tell you …”; then, “this witness will tell you …”; Cue your jury about what’s to come.

7. Do not argue. You are not allowed to argue during an opening statement. To avoid this infraction introduce your evidence with phrases like “The evidence will show …;” “This witness will tell you …;” “You will hear …;” or “The facts will show …;” Do not draw conclusions about the evidence; conclusions will be the meat of your closing argument. Remember: To offer a theory of what happened is a statement, to claim something happened is an argument.

8. End big. This is the last thing they will remember. Speak of how confident you are about the case; assure them you will make it easy for them to find in your favor. Tell the jury what you expect from them. “I need you to bring back a guilty verdict to the charge of …” Punch home your theme one last time. Never be afraid of being repetitive, especially if your refrain is biting.

Say it like you believe it. Say it like it’s the most important thing in your world.